Te Pou Matakana Ltd v Attorney-General - [2022] 2 NZLR 148

Privacy — Disclosure of health data — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Data sought for targeted delivery of COVID-19 vaccination services to Māori — Decision-making process — Whether Ministry incorrectly applied relevant legal test for disclosing health information — Benefits and risks of the specific disclosure sought — Analysis required — Inconsistency — Ministry providing similar data to another health service provider — Legitimate expectation — Whether decision consistent with principles of Treaty of Waitangi and tikanga — Tikanga — Te Tiriti o Waitangi/Treaty of Waitangi.

Judicial review — Legitimate expectations — Disclosure of health data — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Data sought for targeted delivery of COVID-19 vaccination services to Māori — Benefits and risks of the specific disclosure sought — Commitment made by Ministry to exercise powers in accordance with Treaty of Waitangi and its principles — Whether decision in accordance with Treaty of Waitangi and tikanga — Inconsistency — Ministry providing similar data to another health service provider — Te Tiriti o Waitangi/Treaty of Waitangi.

Treaty of Waitangi — Treaty principles — Tikanga — Disclosure of health data — COVID-19 immunisation programme — Decision not to provide individual data on unvaccinated Māori — Data sought for targeted delivery of COVID-19 vaccination services to Māori — Policy to be interpreted consistently with Treaty principles and tikanga — Legitimate expectation that Ministry would have regard to Treaty principles in making decision — Government’s specific commitments to upholding Treaty in COVID-19 vaccination rollout — Te Tiriti o Waitangi/Treaty of Waitangi.